Ram Chand Gupta, J. - (1.) PRESENT regular second appeal has been filed against judgment and decree dated 29.4.2011 passed by learned Additional District Judge, Patiala, dismissing appeal filed by present Appellant -plaintiff against judgment and decree dated 5.8.2010 passed by learned Civil Judge, Junior Division, Patiala, vide which suit filed by present Appellant -plaintiff for specific performance of agreement to sell dated 16.11.2006 for the sale of land in dispute was dismissed.
(2.) I have heard learned Counsel for the Appellant and have gone through the whole record carefully including both the judgments passed by learned Courts below. Briefly stated, admitted facts are that an agreement to sell dated 16.11.2006 for selling the land in dispute for Rs.1,37,000/ -was executed between the parties and Rs.30,000/ -as earnest money was received by Respondent -defendant from the Appellant -plaintiff. Further as per terms and conditions of the agreement Rs.20,000/ -were to be paid on 23.11.2006 and the sale deed was agreed to be executed on 15.12.2006. However, Rs.20,000/ -were not paid on 23.11.2006 by present Appellant -plaintiff as per the agreement and hence, both the Courts came to the conclusion that present Appellant -plaintiff was not ready and willing to perform his part of the contract and hence, suit filed by him for specific performance was dismissed.
(3.) IT has been contended by learned Counsel for the Appellant -plaintiff that Rs.20,000/ -were not paid by Appellant -plaintiff to Respondent -defendant as he never approached him for this purpose.;